Case Law Details
Case Name : Ashapura Minichem Ltd. Vs Assistant Director of Income Tax (ITAT Mumbai)
Appeal Number : ITA No. 2508/Mum/08
Date of Judgement/Order : 21/05/2010
Related Assessment Year : 2008‐ 09
Courts :
All ITAT ITAT Mumbai
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Facts
- The assessee, an Indian company entered into an agreement with a Chinese company for availing bauxite testing services.
- The bauxite samples received from the Indian company were tested in the laboratories of the Chinese company located in China.
- The necessary reports consequent to the test conducted on the bauxite samples were prepared in China and provided to the assessee from outside India.
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What would be the requirement of Tax deduction at source if in the above case the fee for technical services were rendered by a Chinese Company for a project being carried out by the Indian Company outside India.Would it still amount to the services being utilised in India